63J-1-1002. Annual retainer -- Service-level agreements.
(1)
(a) Beginning July 1, 2027, in accordance with this part, the office shall invoice each agency for legal services the office provides.
(b) The office shall calculate the amount the office invoices based on:
(i) the actual time expended by a biller, recorded in increments of no greater than fifteen minutes; and
(ii) an hourly rate the office establishes for the biller's rate category.
(c) The office shall ensure that the hourly rate the office establishes for a rate category reflects the total compensation of billers in the rate category, plus a reasonable overhead allocation.
(2)
(a) Before October 1 each year:
(i) the office and each agency that requires legal services from the office during the upcoming fiscal year shall jointly agree to a retainer for the upcoming fiscal year; and
(ii) each agency shall report to the Governor's Office of Planning and Budget the agency's retainer for the upcoming fiscal year.
(b) The governor shall account for each retainer in the proposed budget the governor submits in accordance with Section 63J-1-201.
(3) After the general session during which the Legislature considers the amounts for retainers included in the governor's budget under Subsection (2) and before the start of the fiscal year, the office and each agency shall enter into a written service-level agreement that establishes for the upcoming fiscal year:
(a) the legal services the agency anticipates needing;
(b) for each rate category, the estimated number of hours necessary to perform the legal services described in Subsection (3)(a);
(c) the hourly rate for each rate category;
(d)
(i) the amount the Legislature appropriated for the agency's retainer; or
(ii) if the office and agency determine that the amount appropriated for the agency's retainer exceeds the amount the agency expects to expend on legal services under the service-level agreement, the revised retainer;
(e) the source of funding the agency will use to pay for the cost of any legal services from the office that exceeds the retainer described in Subsection (3)(d);
(f) processes and controls the office will use to track the agency's retainer; and
(g) how the agency will allocate available funds, including federal funds and restricted funds, to pay for legal services covered by or exceeding the appropriated retainer.
(4) On July 1 following execution of the service-level agreement, each agency shall transfer into the Legal Services Retainer Fund created in Section 63J-1-1004 an amount sufficient to ensure the amount available in the Legal Services Retainer Fund for the agency's legal services is equal to the retainer included in the service-level agreement under Subsection (3)(d).
Enacted by Chapter 207, 2026 General Session
